Parents of toddler in East Bay preschool taping incident file lawsuit

PLEASANTON -- Parents of a 2-year-old whose hands and feet were allegedly taped in an incident at Centerpointe Church and Preschool are suing the teacher and the school, claiming the "hogtying" has forced them to seek psychiatric care for their girl.

The parents accuse former Centerpointe teacher Angela Calcagno, 25, of tightly binding their daughter's hands and feet with masking tape when she wouldn't sleep during nap time.

The incident, they claim in the suit, has caused their child to experience panic attacks and an inability to sleep for more than a few hours at a time.

The suit says the girl "lay there helpless and immobilized and was only freed by (Calcagno) after nap time, more than an hour later."

The plaintiffs, identified in the suit only as Jane, John and Mary Roe, claim false imprisonment, battery, intentional infliction of emotional distress and negligence against Calcagno, who could not be reached for comment.

They accuse the preschool of "flagrantly disregarding" state regulations and are suing the school for negligence, negligent hiring and supervision, breach of oral contract and fraud. The parents are seeking unspecified damages, punitive damages and attorney fees.

The suit was filed March 21 in Contra Costa Superior Court by attorney Gregory Walston of San Francisco. A worker at his law office said Walston would likely not comment on the case.

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Responding to the suit, Centerpointe Church Elder Tim Hunt released a statement Wednesday saying lawyers for the church were still reviewing the complaint, and that church officials would not comment at this time.

In March, the state's Department of Social Services permanently barred Calcagno from working in any state-regulated child care institution after investigators substantiated claims that she had bound the toddler with tape for refusing to nap. Calcagno appealed the ban March 27. The appeal is being handled by the state's Office of Administrative Hearings.

In the suit, the plaintiffs also accuse the preschool's principal administrator -- who is not named -- of keeping Calcagno on staff even though she was not licensed because he wanted her to continue working at the preschool, due to his "sexual attraction" for her.

The preschool's former administrator, Greg Robitaille, who resigned in February, said he was aware of the lawsuit but chose not to comment.

The preschool, based at the church on Cornerstone Court, has received eight violations since October from Social Services, which oversees preschools and daycare centers. The most recent was filed April 2, when the department found a child had been pinched by a staff member.

According to department spokesman Michael Weston, the pinching case resulted in a Type A violation -- one directly affecting the health and safety of children in care -- and a $150 civil penalty for the school.

Robitaille and seven teachers from a staff of 25 have left since February.

"There have been a number of resignations," Hunt said in March. "Delving into why they left is something we can't do for confidentiality reasons."

The taping incident involving Calcagno, school officials said, came to light after Calcagno shared photos of the bound child with fellow teachers at a social gathering March 1. The suit claims that at the event, Calcagno "tormented" the child's mother with the photo, while bragging that she was the one who had tied her up.

The mother later contacted Pleasanton police, who have presented the case to the Alameda County District Attorney's office for possible criminal charges. The case is still under review.

Staff writers Denis Cuff and Malaika Fraley contributed to this story. Contact Jeremy Thomas at 925-847-2184. Follow him at Twitter.com/jet_bang.